Legislation -
Referred to Committee
(Senate)
-
May 9, 2013

Legislation -
Bill Passed
(House)
(223-204) -
May 8, 2013(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote to pass a bill that authorizes an employee in the private sector to receive compensatory time-off instead of monetary compensation for overtime work.

Highlights:

Authorizes an employee in the private sector to receive compensatory time off instead of monetary compensation for overtime work (Sec. 2).

Requires 1 and one-half hours of compensatory time off to be applied for each hour of overtime work an employee performs (Sec. 2).

Requires an employee who has accrued compensatory time off and who has requested to use the time to be authorized by the employer to use the time within a “reasonable period” after making the request if the use of the time does not disrupt the operations of the employer (Sec. 2).

Prohibits an employer from directly or indirectly intimidating, threatening, or coercing any employee for the following purposes (Sec. 2):

To interfere with the employee’s ability to request or not request compensatory time off instead of payment of monetary overtime compensation for overtime hours; or

To require any employee to use his or her accrued compensation time.

Limits to 160 hours the compensatory time an employee is authorized to accrue (Sec. 2).

Prohibits an employee from receiving compensatory time off until he or she has worked at least 1,000 hours during a period of continuous employment with the employer in the 12-month period prior to the date of agreement or receipt of compensatory time off (Sec. 2).

Requires any compensatory time off agreements to be in accordance with a collective bargaining agreement for employees who are represented by a labor organization or affirmed by a written record of agreement between the employer and employee for employees who are not represented by a labor organization (Sec. 2).

Authorizes an employee who is not represented by a labor organization to discontinue a compensatory time off agreement at any time (Sec. 2).

Authorizes an employer to discontinue the compensatory time off policy if the employer provides a 30-day notice to employees, unless a collective bargaining agreement specifies otherwise (Sec. 2).

Authorizes an employee to request in writing at any time that monetary compensation be provided for all unused compensatory time accrued, and requires the employer to provide the employee the monetary compensation within 30 days (Sec. 2).

Authorizes an employer to provide monetary compensation after 30 days’ notice for an employee’s unused compensatory time in excess of 80 hours (Sec. 2).

Requires an employer to pay an employee who has accrued compensatory time off for the unused compensatory time upon voluntary or involuntary termination of employment (Sec. 2).

Requires an employer to provide monetary compensation by January 31 of each calendar year for any unused compensatory time off accrued during the preceding calendar (Sec. 2).

Requires monetary compensation for accrued compensatory time off to be paid to the employee at 1 of the following rates, whichever is higher (Sec. 2):

The employee’s regular rate when the compensatory time was earned; or

The employee’s final regular rate.

Specifies that the provisions of this bill expire 5 years after the date of enactment (Sec. 6).